Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-02-04

| serving papers in that section in 1856 !;
asked Robinson if it was not dangerous
| for him to take money while acting as a
| Deputy United States Marshal. Robinson
| said he was not Deputy Marshal, except
| for the purpose of serving papers that it
was private matter that concerned HIM
| self. The proposition came from Robin
son. Witness considered that he was do
| ing lawful business until lawfully stopped.
His mine had not then been eDjoined, and
he desired to avoid, as long as possible,
having his mine enioined Witness re-
peated that he believed it lawful and hon.
est to operate his mine until legally
| stopped: He could not be reported to the
Courts, because there was no action against
him the money paid to Robinson was to
prevent, for as long as possible, any action
being brought. Witness said that he had
told several persons of the demand made
upon him by Robinson, and of paying the
| latter the money referred to.
Question - You had a bitter feeling
| against Mr.. Robinson, hadn't you.
Witness-I had not the same respect for
| him that would have for an honest man.
| ReSuming, witness said he heard q man
| say at the Capital Hotel that hydraulic
miners were coming down here to testify to
certain things, and if they did they would
be arrested. Witness then consulted an at
| torney to ascertain whether or not he would
| criminate himself in testifying to certain
| facts. Referring to the alleged inability of
| Robinson to use his arms dexterously, wit
| ness said Robinson mounted his horse with
great ease, as if he had full use of his arms
Witness was asked if he had told either
McWhorter or Judge Craddock about his
transaction with Robinson, and replied
that he had never seen either of them be-
10 m on ont of ri al 10
could not remember whom he had told
of the contract with Robinson The agree
ment was made some time in May, 1886, in
| a saloon on Montgomery street, San Fran
cisco. 1t was at Colfax, on the 18th day of
| June, when witness paid him the last 5000.
| Witness met Robinson by appointment on
the arrival of the overland train, at night.
QUESTIONABLE you aware of the fact that
Mr.. Robinson, as the employee of Sexey &
Co., had nothing to do with the mines on
| the American river?
Witness-Robinson told me that he had
He said he was serving papers in Nevada
and Placer counties. 1t was generally re-
ported that Robinson was taking money
from the miners all along the line. Rob-
| inson demanded 5000 at the first interview
in May, 1886; he said he must have it
that he had to divide with Others Witness
paid him again on the 18th of June, when
| they failed to agree on a new contract. AT
| that time Robinson said the mine was tax
ing out great deal of money; that Its
| operations could be witnessed from the
railroad, and that it would take consider:
able money to prevent interference. If the
mine was putting out $4,000 for the sea-
son, he (Robinson) must have 50, 500. Wit
ness refused to give it, and their agreement
ended. On the 9TH day of August, three
| days before the homicide, Robinson served
| injunction papers on witness, and some
thing was said to the effect that the latter
had better see Sexey. Robinson said he
| would introduce witness to Sexey, if de-
sired, and had no doubt that for a couple
of thousand dollars stipulation might be
procured that would effect modification
| of the injunction so that witness might
operate on a certain plan.
Questionable you consider it honest for
| you to pay the money to Robinson?
Witness-If highwayman were to meet
me on the road and demand my money
l would consider it perfectly honest ON my
part to hand him over my money in order
to protect my life.
The cross-examination of witness con-
| tinued till 3:15 and embraced many ques-
tons and answers of no special interest to
| the reader.
L
| Witness is miner at Blue Canyon, Placer
| county. The mine operated is the Taylor
mine. Witness was asked if he ever had
any transaction with Robinson concerning
the running of his mine. He said he had
but declined to say what sum, if any, he
had paid to Robinson, on the ground that
he might criminate himself.
On cross examination the prosecution
demanded to know what money trans
actions he had had with Robinson, and
witness denied that he had any.
| Mr.. Johnson then asked witness why he
| had refused to testify, on the ground of
eliminating himself, if he had no trans
actions with Robinson. Again witness
said he had money transactions with Rob
inson and again declined to testify on the
ground of eliminating himself
By general consent of Court, prosecution
and defense the witness was dismissed
! d. B. Lowry, of Marysville, was next
called. Was on friendly terms with the
deceased, and also with the defendant. Had
conversation in front of the Capital Hotel,
in Sacramento, with Robinson on the Sth
of august last. lie askedwitness where Nc
Whorter was. Witness said he supposed
! McWhorter was in Marysville. Robinson
said McWhorter had lied about him, and
he would stamp the g--s out of him.
! w lleSe
| threats.
On cross-examination, witness said the
conversation was begun by Robinson, who
said McWhorter hadn't friends enough in
Marysville to prevent him from carrying
out his purpose to stamp McWhorter's
g=s out. On being informed of the
threat, McWhorter remarked that he
guessed Robinson wouldn't whip anybody.
The prosecution recalled MIR. Hobson,
who testified that Robinson told him. while
riding on horseback, that he would kill
McWhorter on sight. Before saying this,
| Robinson referred to matters concerning
himself charged by the Marysville Demo
crat. Witness advised him not to get into
any trouble about it, that perhaps it could
| be explained. Robinson did say some
thing about the effect these publications
had upon his wife, and was in very angry
state of mind This conversation was on
August 7, 1SS6-It three days prior to the
| homicidel.
0. D. Campbell, of Nevada county, for
merly hydraulic miner was next called.
He was asked if his company had ever paid
any money to Robinson, and declined to
answer on the ground of eliminating him
self.
On croSs-examination witness said he
had never had any money transaction with
Robinson.
]. E. Hollingshead, of Wheatland, Yuba
county, was next called. Witness had
conversation with Robinson about articles
in the Marysville Democrat. At Robinson's
request, witness sent copy Of the paper to
Robinson. He addressed it through the
mail to Mr. T. G. Robinson, Sacramento.
a. f. Lashells, of Yuba county, was next
called. Witness said be called on defend
ant in the Sacramento City Prison a cou-
pie of DAYS after the shooting. He heard
conversation between McWhorter and Dis
trict Attorney Forbes, of Yuba The latter
remarked that he was glad the trouble did
not occur in Yuba, as he would have to
prosecute him. McWhorter replied that
he regretted it occurred anywhere. Wit
ness said he did not hear McWhorter say
it had to come off anyhow, and he had
looked out that it did not come off in Yuba.
Was in the cell during the interview. The
other persons present were Messrs. Clark,
Collins and another man.
On cross-examination witness said he
had not looked up any testimony for the
defendant. He was subpenaed at Wheat
land only last night, and did not know
why he was called as a witness. He was
in the cell with McWhorter before the
other parties called, and witness remained
until after they had all left.
Charles A. Jenkins was the next called.
Witness was proprietor of the State House
Hotel in August last On the 10th of that